Petition in support of David Hicks

On 20 July 2011, the Australian government served David Hicks with a notice of their intent to restrain any funds obtained from the sale of his book, Guantanamo: My Journey, under the Commonwealth Proceeds of Crime Act.

After Hicks was captured in Afghanistan and sold to the US by the Northern Alliance, he spent six years in Guantanamo Bay without trial or charges. He alleges that, during his detention, he was tortured. He spent much of his captivity in 24-hour solitary detention.

Hicks was eventually brought before a military commission, in a procedure condemned by lawyers and human rights groups everywhere. With no other way to get home, he accepted a deal, under which, in return for pleading guilty, he served a short sentence in Australia.

The arrangement was widely acknowledged as a political resolution to a case that was causing increasing embarrassment to both the US and Australian governments. Obviously, Hicks would never have been released had the Americans thought he represented the slightest threat.

Many Australians regard the treatment of David Hicks as an international outrage. What took place – what continues to take place – in Guantanamo Bay deserves more publicity, not less. If the government thinks it has done nothing wrong, it has nothing to fear from a full discussion of the Hicks case.

The move against Hicks’ memoirs should concern everyone. But it is of particular relevance to writers and publishers, precisely because of the direct interference into publications with which the government politically disagrees. How can Australian publishers feel safe publishing material that is controversial knowing that the Australian government is willing to use laws to financially penalise perceived opponents? Fundamentally, this is an issue of political censorship.

As lawyer Elizabeth O’Shea put it, ‘Anyone who believes in the right to a fair trial and freedom from torture should defend Hicks.’ The government’s application is to be heard 3 August in NSW. We’re asking those in the publishing industry to sign this petition (leave your name below or send us an email) because this action has alarming political and financial implications for writers and publishers everywhere.